Children's Hosp. and Research v. NLRB, No. 14-1032 (D.C. Cir. 2015)
Annotate this CaseThe Board issued a complaint against the Hospital charging it with violating the National Labor Relations Act (NLRA or Act), 29 U.S.C. 151 et seq. At issue was whether an employer has a duty to arbitrate grievances with the old union under an expired collective bargaining agreement after a new union has been certified. The court concluded that the interplay of section 8(a)(5) and section 9(a) of the NLRA is a question of statutory interpretation - one that the Board does not unambiguously resolve where the Board does not identify where the duty to resolve unfinished business with the old union ends and the duty to bargain exclusively with the new union begins. Because the Board failed to address the relevant statutory provisions, the court granted the Hospital’s petition for review, denied the Board’s cross-petition for enforcement, and remanded for further proceedings.
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